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Friday, June 24, 2011

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  • andy garcia
    09-08 07:53 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.

    If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.





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  • anai
    04-16 07:59 AM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.

    One can only hope for the sake of the spouses concerned that no one else is in "the same situation."

    IV is for legal immigrants. But what if a legal immigrant is a pedophile? Will this forum provide advice to such people? We can either take the approach that IV is for all legal immigrants, criminals or otherwise. Or we can say that we have to draw the line somewhere. This is a decision we have to take as a community. While I don't decide for this community, my opinion is that those who have been convicted for DUI, wife beating, etc should not benefit from this site.





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  • smiledoc
    02-28 09:57 AM
    We got our FP in sept 07. Our attorney has advised that we file earlier to be on the safer side.

    I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).





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  • smisachu
    12-19 10:26 AM
    Do we have to carry all the Tax filing papers or just W2 is good enough?
    I am planning to go for stamping in Jan. Thanks in advance for the input.


    Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html

    Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.

    After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.



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  • shirish
    09-11 06:37 AM
    Thankx for the info.

    did you send ur 485 application directly to TSC or was it transfered to TSC?


    EB2 - India - July 2005
    RD - 7/26/2007
    ND - 09/27/2007
    Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.

    Hope this helps





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  • tanu_75
    07-29 02:53 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.



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  • hopefulgc
    01-30 03:48 PM
    I would certainly come back to update it... and i am sure there would be more than a few who would do the same.
    After all, its a good way to put the fitting GC pain to rest.



    How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.





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  • Ivyleaf
    10-20 04:10 PM
    right on i got a vote!

    btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P



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  • raoece
    04-05 04:10 PM
    Yes PWD has really became anothe begining process of the GC jurney.

    PWD applied 18-Mar-2010 Approved ??-???-????
    PERM applied ??-???-????





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  • chanduv23
    12-18 10:01 AM
    Prashanthi Reddy will be on IV chat tonight at 9.30 PM EST



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  • ksarin1
    01-13 11:25 AM
    Hello folks -

    I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.

    I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.

    Do you think showing business income on form 1040 will have any impact on the processing of I-485?

    Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.

    Thank you!





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  • weasley
    01-06 04:37 PM
    Don't worry about the Red. People are anxious and may be frustrated. I have seen most of your posts. You are polite and friendly and so I gave you green for your post. Also, I wish you get a chance to file your I485 this year.
    I don't know why I received reds for my post, anyways I respect the opinion of members,



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  • p7810456
    06-22 02:30 PM
    Hi,
    I just got married not long ago.

    I'm planning to apply I-485 this july.
    My question:
    Should she change her name prior to applying I-485 or she can do it after we applying I-485.
    How easy it�ll be to change last name while I-140 and I-485 pending?

    Anyone in the same boat?

    Thanks in advance.
    maccaid

    If she were to change her name now.. and get a new passport or ID.. it might take longer and jeopardize your ability to file for AOS. Good would be to apply for AOS in her current name now.. and once you get your AOS approved.. then she can change her last name.





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  • gcsucks
    07-01 09:27 AM
    After years of struggling and 25k down the drain i have decided not to loose my Canadian PR card ( i have been out of canada for 21/2 years out of 5). so to maintain the card i have to be in canada for the next 2 years. so... right now i have an approved I140 based on which i will be filing a
    h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
    The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)

    Any help is appreciated



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  • CyberCucina
    02-09 04:26 PM
    The swarm creeps me out! I like Perlin circles.





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  • pappu
    12-20 01:43 PM
    Instead i will donate the travel expenses to IV...........

    Good Luck Every one
    Thanks.
    Pls contribute for the campaign we are running
    http://immigrationvoice.org/forum/showthread.php?t=2630&page=16



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  • milind70
    06-21 01:30 PM
    thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?

    for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.

    for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.

    if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.

    thanks again for the help.

    You should apply I 539 before the expiry of the I 94.Application before expiry is valid.
    USCIS may take 4 to 6 weeks to isues you grant extension.
    If you are going that route please apply it right away.
    Or else take a trip down to canada.
    People on this forum have done it .





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  • wandmaker
    02-04 02:32 PM
    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.





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  • DSJ
    05-30 12:34 PM
    Fee and Bee, there is some relation
    ==============
    already discussed- admin





    snathan
    08-20 03:33 PM
    Hi ,

    I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .

    My visa is cancelled and I was told to go back to consulate and get a new visa .

    I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .

    thanks in advance.

    RD

    Since you are deported and the ticker was paid by the US Govt, you are most likely banned to enter the country for 5 years. Even if you are going to the consulate, you wont get the visa. As you admitted guilty, I dont think you can fix this.





    thatwillbeit
    05-24 08:37 PM
    Does EAD & AP have to be sent to the same address if we do efiling

    Thanks in advance



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